News & Analysis as of

Dismissals Pro Se Litigants

Winstead PC

Court Held That Non-Attorney Executor Could Not Appeal An Order

Winstead PC on

In Suday v. Suday, a trial court denied an executrix’s challenge to its jurisdiction with regard to her mother’s estate. No. 04-23-00836-CV, 2024 Tex. App. LEXIS 6953 (Tex. App.—San Antonio September 25, 2024, pet. filed)....more

Patterson Belknap Webb & Tyler LLP

Not a Repeat Offender: Magistrate Judge Bloom Declines to Sanction “Ernest” Pro Se Plaintiff for Re-filing Dismissed Case in a...

On April 4, 2025, Magistrate Judge Lois Bloom (E.D.N.Y.) declined to sanction a pro se plaintiff for failing to conduct an adequate pre-suit investigation of whether his patent was infringed. Plaintiff initially filed a...more

Baker Botts L.L.P.

EDVA Amends L. Civ. R. 7(k) Roseboro Warning Requirement for Pro Se Litigants

Baker Botts L.L.P. on

On October 31, 2024, the U.S. District Court for the Eastern District of Virginia (EDVA) proposed an amendment to Local Civil Rule 7, which governs general motion practice before the Court. On December 1, 2024, the amendment...more

Marshall Dennehey

One Bite at the Apple: Dismissing Repetitive Complaints from Pro Se Plaintiffs

Marshall Dennehey on

Key Points: Pennsylvania Rule of Civil Procedure 233.1 offers a two-prong test for defendants to utilize to dismiss repetitive complaints from pro se plaintiffs....more

Faegre Drinker Biddle & Reath LLP

Double Whammy: Fifth Circuit Affirms Dismissal of Suit Against Generic and Brand-Name Drug Manufacturers

Some product liability suits are dead on arrival. At least, that is the position the Fifth Circuit took late last week in affirming the dismissal of a pro se plaintiff’s suit against a collection of generic and brand-name...more

Sheppard Mullin Richter & Hampton LLP

Commercial Division Denies Plaintiff’s Request for Additional Time to Serve Complaint After Plaintiff LLC Failed to Appear Through...

Pursuant to New York Civil Practice Law and Rules § 306-b, a plaintiff is required to serve a summons and complaint within 120 days of commencing an action. Although a court may grant an extension of this deadline for good...more

Winstead PC

Don’t Try It Yourself, Hire A Lawyer! Court Dismisses Pro Se Party’s Appeal Due To Procedural Errors

Winstead PC on

In In re Newman, a woman appealed a trial court’s order regarding admitting her husband’s will and the conduct of her step-son as executor. No. 04-17-00209-CV, 2018 Tex. App. LEXIS 4249 (Tex. App.—San Antonio June 13, 2018,...more

Brooks Pierce

It Can Happen To Anyone: Mistakes In Appeals

Brooks Pierce on

The road to an appellate court can be lined with unanticipated obstacles, You can avoid them if you follow the NC Rules of Appellate Procedure and you keep up with changes in the law regarding appeals. Or you might retain a...more

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